Judge Strikes Down Arkansas School Choice Law
A federal judge on Friday struck down an Arkansas school choice law, saying race couldn’t be the only factor considered in deciding whether students could transfer between districts.
U.S. District Judge Robert Dawson said the provision of the law dealing with race violates the equal protection clause of the Fourteenth Amendment and since it couldn’t be separated from the rest, he was declaring the whole thing unconstitutional.
“The State must employ a more nuanced, individualized evaluation of school and student needs, which, while they may include race as one component, may not base enrollment or transfer options solely on race,” Dawson wrote.
The state had argued that the provision in the Arkansas Public School Choice Act of 1989 was needed to preserve desegregation efforts.